NEW YORK – New York Attorney General Letitia James, joining a coalition of 14 attorneys general and the City of New York, filed a lawsuit in the Ninth Circuit Court of Appeals challenging the U.S. Department of Energy’s (DOE) revisions to its Process Rule.
Adopted in 1996, the rule ensures DOE meets an Energy Policy Conservation Act (EPCA) mandate to create energy conservation standards that benefit the public in a timely manner. The DOE's recent revisions, however, create a number of roadblocks to the adoption of new standards and the review of existing standards. For example, DOE imposes an unreasonably high threshold for energy efficiency savings — effectively prohibiting the adoption of any standard that does not result in energy savings equivalent to powering eight million homes for an entire year. In the lawsuit, the coalition argues that this threshold is impermissibly high and would result in the unnecessary loss of significant energy savings.